Johnson v. First Nat. Bank & Trust Co.

FRANKLIN E. KENNAMER, District Judge.

At the time it closed its doors the Shawnee National Bank had a deposit with defendant, the amount of which is undisputed. The question presented is whether defendant is entitled to an offset of $2,216.89, the sum of two checks payable to defendant’s order, drawn on the Shawnee Bank, mailed to that bank by defendant and by the drawee marked “paid” and charged to the accounts of the drawers, and for which no remittance was made to defendant. The drawers had deposits with the Shawnee Bank in amounts sufficient to cover these checks.

Of these checks, one was…